Attorney general nominee says he would not be Bush yes-man

Published: Thursday, October 18, 2007

LARA JAKES JORDANASSOCIATED PRESS

WASHINGTON - Michael Mukasey didn't come right out and say it, but the attorney general nominee made clear Wednesday the Justice Department under his command would be vastly changed from the days of Alberto Gonzales.

There would be no more White House political meddling, Mukasey told the Senate Judiciary Committee. And, he said, he will keep a close eye on terrorism policies to make sure they don't overstep legal boundaries.

And if President Bush ignores his legal or ethical concerns?

"Are you prepared to resign if the president were to violate your advice?" asked Sen. Arlen Specter, R-Pa.

"I would have two choices: I could either try to talk him out of it, or leave," Mukasey told senators considering whether to confirm him as attorney general.

"Well, if the alternative is to leave if you can't talk him out of it, then I think the answer to my question is yes," Specter said.

"It is," Mukasey agreed.

Mukasey, a retired federal judge, said he also would review opinions issued by the department's Office of Legal Counsel to make sure they are legally sound. He described as "defective" a 2002 memo that defended the Bush administration's use of torture techniques against terrorism suspects.

That opinion "was worse than a sin, it was a mistake," Mukasey told the Senate Judiciary Committee. "It purported to justify measures based on broad grants of authority that were unnecessary."

Likewise, on politics, Mukasey said he would discourage his prosecutors from bringing charges against political candidates shortly before elections and would not let party loyalty be a consideration for people applying for Justice Department jobs.

"That's the standard I'm going to make very clear, very precise, and I'm going to enforce," Mukasey said.

It was a far cry from the policies Gonzales allowed before he resigned in September after months of criticism and questions about his honesty.

An internal Justice Department investigation is looking into whether Gonzales lied to lawmakers about the administration's terror programs and illegally let politics influence hiring and firing of prosecutors.